Disposed
Sr. Alphonse Maria Cmc v. the Secretary, Kerala State Electricity Board Ltd.
Kerala HCWP(C)/11558/2016
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938
WP(C).No. 11558 of 2016 (T)
PETITIONER(S):
SR. ALPHONSE MARIA CMC, PRINCIPAL, ST.JOSEPH'S NURSING SCHOOL, CHOONDAL, THRISSUR-680 502.
BY ADVS.SRI.C.A.ANOOP SMT.C.K.REMANY
RESPONDENT(S):
1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD LTD. PATTOM P.O., THIRUVANANTHAPURAM-695 004.
2. THE SECRETARY,
3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD., KOONAMMOOCHY, THRISSUR -680 509.
4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KECHERY, THRISSUR - 680 501.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2016, ALONG WITH WPC. 11560/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 11558 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
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NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
A.M. SHAFFIQUE, J.
W.P.(C) Nos. 11558 & 11560 of 2016
Dated this the 7th day of July, 2016
JUDGMENT
These writ petitions are challenging a demand with reference to the differential amount between the tariff that is being made applicable presently and the earlier tariff. According to the petitioners, the tariff applicable should be Tariff VI A, whereas as per the Board, it ought to be converted as Tariff VII A. This matter had received the attention of this Court in series of writ petitions and by judgment dated 17.8.2009 in W.A.No.1063 of 2009 and connected cases, the demand was set aside. However, the Board had taken up the matter before the Apex Court and the matter is still pending.
am of the view that the liability to pay the impugned bills arises only after disposal of the matter pending before the Apex Court.
W.P.(C) Nos. 11558 & 11560 of 2016
Taking into consideration the aforesaid factual situation,
these writ petitions are disposed of as under:
(i) the impugned bills for short levy shall be kept in abeyance, until a final decision is taken by the Apex Court in the pending Special Leave Petition.
(ii) After disposal of the Special Leave Petition, it shall
be open for the Board to demand any amount payable, subject of the result of the decisions in the SLP's.
(iii) Needless to say that the petitioners shall continue
to pay the demand presently being made by the Board.
Sd/A.M. SHAFFIQUE
JUDGE
Scl/07.07.2016
W.P.(C) Nos. 11558 & 11560 of 2016
-3-
SR. ALPHONSE MARIA CMC
THE SECRETARY, KERALA STATE ELECTRICITY BOARD LTD.
THE SECRETARY, KERALA STATE ELECTRICITY REGULATORY COMMISSION
A.M. SHAFFIQUE
As recorded by the court registry
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